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Quick Reference Guide to International Switchblade Laws
Australia
In Australia, switchblades are banned by the Customs (Prohibited Imports) Regulations as a Prohibited Import.
At a state level, most jurisdictions declare them to be prohibited weapons in their respective acts, codes and regulations. Persons residing in states which do not have specific weapons legislation covering switchblades (eg, Tasmania) are still covered by Federal Customs legislation, but in circumstances where the state has no legislation against such items, an exemption may be applied for, after approval by the Head of the Police service in that state.
Some states which have specific legislation against switchblades allow individuals to apply for an exemption from this legislation if they have a legitimate reason. For Example, in the state of Victoria, a member of a bona fide knife collectors association, who is not a prohibited person (per the Firearms Act 1996), and meets other guidelines and conditions may apply to the Chief Commissioner of Police for a Prohibited Weapons Exemption, to possess, carry, or otherwise own such a knife.
This exemption may then, in turn, be used to apply to the Australian Customs Service for an import permit.
Canada
Switchblades are not legal to sell, buy, trade, carry or otherwise possess. Part III of the criminal code first defines such knives as prohibited weapons (arme prohibee). "A knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife." Different subsections of the code describe possession offenses and penalties. They are however, criminalized.
Germany
Most switchblades are illegal to own, import or export. However, if the blade is side-opening, a maximum of 8.5 cm long, the breadth is a minimum of 20% of length, and is not double-edged, they are legal.
New Zealand
The Customs Import Prohibition Order 2002 prohibits the importation of "any knife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife (sometimes known as a “flick-knife” or “flick gun”)". The Summary Offenses Act 1981 and the Crimes Act 1961 section 202A(4)(a) make it an offense to possess any weapon in a public place without reasonable excuse.
United Kingdom
The "manufacture, import, sale or hire, or offer of sale or hire, or lending or giving to any other person" of switchblades in the UK is illegal under the Restriction of Offensive Weapons Act 1959. Technically it is not illegal to possess such a knife as long as it is held within the home, although the knife would have to be pre-1959 vintage or its sale would have been illegal.
Later legislation (under the authority of the Criminal Justice Act 1988 adds similar restrictions for a wider range of other knives and weapons. In Scotland the details differ, but the overall effect is similar.
United States of America
Federal law
The Switchblade Act, (public law 85-623, enacted on August 12, 1958, and codified in 15 USC 1241-1245), prohibits possession on Federal lands, Indian reservations, military bases, District of Columbia, Puerto Rico and other protectorates. It prohibits manufacture and sale of switchblades in interstate commerce. It provides exceptions for manufacture pursuant to government contract, and use by Law enforcement, government agencies, members of the Armed Forces, and for one-armed persons. The act was amended in 1986 to also restrict ballistic knives. 18 USC 1716 further restricts sending switchblade knives through the United States Postal Service, with a few exceptions. Federal law does not mandate prohibition within an individual state.
State laws
Each individual state (and sometimes individual counties, cities, and towns) may, and often do, have laws restricting weapons including knives, often specifically mentioning switchblades. Laws often refer to blade lengths and styles to define tools with useful purposes. The definition of a legal knife is often taken in context with the situation. Some states allow police officers to declare any object, screwdriver or broken bottle as an offensive weapon. These state laws differ greatly[1]. Switchblade knives are legal in some U.S. States in one way or another for citizens. Switchblade knives are legal in all U.S. states for Military personnel and other qualified individuals.
Example,
in California:
653k. Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor. For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife, and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.
Connecticut law states that:
§ 53-206. Carrying of dangerous weapons prohibited.
(a) Any person who carries upon one's person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture
In 2003, Florida Governor Jeb Bush overturned a questionable law stating "No one shall carry a self propelled knife". The law was cleared up to allow Florida residents to use so called switchblade knives. (Portion of 790.225, F.S)
The American Knife and Tool Institute ( AKTI ), is addressing the inequities of regional law, by refining a glossary of knife terms including switchblades, stilettos, Bowies and gravity knives. The definitions are cultured from court rulings and first hand knowledge by collectors. The AKTI hopes the use of this glossary will achieve standardized common terms for knife types or measuring points among legal officers and and collectors, leading to sensible knife legislation and law enforcement, with considerations to the knife makers and collectors in America today.
U.S. state laws regarding possession, concealed and non-concealed carry
State Possession Carry
Alabama Legal - State Code: Title 13A Criminal Code Legal Allowed if not concealed - State Code: Section 13A-11-50
Alaska Illegal - State Code: Article 2, Section 11.61.200 Illegal- State Code: Article 2, Section 11.61.200
Arizona Legal - State Code: Arizona Criminal Code 13-3102 Legal - State Code: 13-3102 A-1
Arkansas Legal - State Code: 5-73-121 Legal Allowed if not concealed & blade is under 3.5 inches - State Code: 5-73-121
California Legal - State Code: California Penal Code 653k Legal Allowed if blade is under 2 inches. State Code: 653k
Colorado Illegal - State Code: Criminal Code Section 18-12-101 Illegal- State Code: Criminal Code Section 18-12-101
Connecticut Legal - State Code: Sec. 53-206'' Illegal if blade is over 1.5 inches - State Code: Sec. 53-206
Delaware Illegal - State Code: Crimes & Criminal Procedure - Chapter 11 Section 222 Illegal - State Code: Chapter 11 Section 222
Florida Legal - State Code: 790.001 Legal - State Code: 790.001
Georgia Legal - State Code: 16-11-126 Legal - State Code: 16-11-126
Hawaii Illegal - State Code: §134-51 Illegal - State Code: §134-51
Idaho Legal - State Code: 18-3302 Legal Allowed - Illegal if intoxicated or exhibit any deadly or dangerous weapon in a rude, angry or threatening manner - State Code: 18-3302
Illinois Legal - State Code: Criminal Code 720 ILCS 5/24-1 Illegal - State Code:720 ILCS 5/24-1
Indiana Illegal - State Code: IC 35-47-5-2 Sec.2.(2) Illegal - State Code: IC 35-47-5-2 Sec.2.(2)
Iowa Legal - State Code: Crime Control and Criminal Acts - Definitions. 702.7 Legal if not concealed - State Code: 724.4
Kansas Illegal - State Code: Article 42. Crimes Against the Public Safety Weapons Control. Section 21-4201 Illegal - State Code: Section 21-4201
Kentucky Legal - State Code: 500.080 Definitions for Kentucky Penal Code Legal concealed carry allowed with "concealed deadly weapons permit" State Code: 527.020
Louisiana Illegal - State Code: Louisiana - R.S. 14:95 Illegal - State Code: Louisiana - R.S. 14:95
Maine Illegal - State Code: Maine - Chapter. 43 17-A Section 1055 Illegal - State Code: Maine - Chapter. 43 17-A Section 1055
Maryland Illegal - State Code:§ 4-105 Illegal State Code: § 4-101 (a).(5).(ii).2
Massachusetts Illegal - State Code: GENERAL LAWS PART IV. TITLE I. Chapter 269: Section 10 Illegal - State Code: GENERAL LAWS PART IV. TITLE I. Chapter 269: Section 10
Michigan Illegal - State Code: 750.226a. Illegal - State Code: 750.226a.
Minnesota Illegal, but exception made for collectors and/or possession as curios or antiques. - State Code: Section 609.66 Subdivision 1 Illegal - State Code: Section 609.66 Subdivision 1
Mississippi Legal - State Code: Crimes Section § 97-37-1 Allowed if not concealed or intoxicated - State Code: Crimes Section § 97-37-1
Missouri Illegal, but exception made for collectors and/or possession as curios or antiques. - State Code: Chapter 571, Weapons Offenses 571.020.1.(7) Illegal - State Code: Chapter 571, Weapons Offenses 571.020.1.(7)
Montana Illegal, but exception made for collectors and/or possession as curios or antiques. - State Code: 45-8-331 Illegal - State Code: 45-8-331
Nebraska Legal - State Code: Crimes and Punishments. 28-1201 Legal Allowed if not concealed - State Code: Crimes and Punishments. 28-1201
Nevada Allowed with permit - State Code: NRS 202.355 Illegal - State Code: NRS 202.355
New Hampshire Illegal - State Code: 159:16 Illegal - State Code: 159:16
New Jersey Illegal - State Code: Code of Criminal Justice - 2C:39-3 Illegal - State Code: Code of Criminal Justice- 2C:39-3e]
New Mexico Illegal - State Code: Criminal Offenses - 30-1-12 Illegal - State Code: Criminal Offenses - 30-1-12
New York Illegal - State Code: Penal Law Section 265.01 Illegal - State Code: Penal Law Section 265.01
North Carolina Legal - State Code: 14-269" Legal Allowed if not concealed - State Code: 14-269"
North Dakota Legal - State Code: Criminal Code - Weapons - 62.1-04-02 Legal Allowed if not concealed - State Code: Criminal Code - Weapons - 62.1-04-02
Ohio Legal (purchases only allowed through online retailers)- State Code: § 2923.12 Illegal - State Code: § 2923.12
Oklahoma Legal - State Code: §21-1272. Illegal - State Code: §21-1272.
Oregon Legal - State Code: 166.240 Legal Allowed if not concealed - State Code: 166.240
Pennsylvania Illegal, but exception made for collectors and/or possession as curios. - State Code: Pa. C.S.A. 18.908 Illegal - State Code: Pa. C.S.A. 18.908
Rhode Island Legal - State Code: 11-47-42 Legal - State Code: 11-47-42
South Carolina Legal - State Code: 16-23-460 Illegal - State Code: 16-23-460
South Dakota Legal - State Code: 22-14-19 Legal - State Code: 22-14-19
Tennessee Illegal, exception made for collectors and/or possession as curios or antiques - State Code: 39-17-1302 (c) (1) Illegal - State Code: 39-17-1302
Texas Illegal, but exception made for collectors and/or possession as curios or antiques - State Code: Health, Safety & Morals - 46.02 Illegal - State Code: Health, Safety & Morals - 46.02
Utah Legal - State Code: Offenses Against Public Health and Safety - 76-10-504 Legal Allowed if not concealed; concealed carry allowed with permit or license - State Code: Offenses Against Public Health and Safety - 76-10-504
Vermont Illegal - State Code: Ch. 85 Weapons - T.13-4003 Illegal - State Code: Ch. 85 Weapons - T.13-4003
Virginia Legal(purchases only allowed through online retailers) - State Code: 18.2-308 Illegal- State Code: 18.2-308
Washington Illegal - State Code: RCW 9.41.250 Illegal - State Code: RCW 9.41.250
West Virginia Legal - State Code: §61-7-2 Legal Allowed if not concealed; concealed carry allowed with permit or license - State Code: §61-7-2
Wisconsin Illegal - State Code: 941.24 Illegal - State Code: 941.24
Wyoming Legal -State Code: Statutes 6-8-104 Legal Allowed if not concealed -State Code: Statutes 6-8-104